11/20/2018_SpecialCall - Laserfiche WebLink

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Treasure Coast, subject to receipt of all applicable governmental permits and approvals with respect thereto. The Station will be located either in Martin, St. Lucie, or Indian River County. Following completion of the Station, at least two northbound and two southbound Brightline trains will stop at the Station each day. Construction of the Station is subject to the payment of 50% of the Station construction cost by the County and/or municipality in which the Station is located, if such payment is requested by Brightline. In the event the applicable County and/or municipality or Brightline elects to seek federal, state, or other grant money to defray the cost of construction of such Station(s) under this paragraph, the other party shall coordinate in good faith with such efforts. Likewise, if a party is successful in obtaining grant money for any construction, the cost of which is to be shared on an equal basis, their payment obligations shall be reduced on an equal basis. The parties agree that such construction costs shall be reduced proportionally upon the granting of federal or state funding for such construction. 9. Safety and Accident Disclosure Practices The parties acknowledge that collisions between Brightline trains and cars or pedestrians in Martin and Indian River may occur despite efforts to prevent such accidents. Brightline agrees to promptly notify first responders in the impacted county or municipality of any such accidents. Brightline shall also provide the impacted county or municipality with a copy of any police and/or medical examiner's report(s) relating to such accidents, upon receipt thereof. Brightline further agrees to meet with Martin and Indian River first responders and engineering employees no less than annually to review all accidents in the Counties from the preceding year and jointly evaluate if additional actions are necessary to prevent similar accidents. 10. Dismissal of PABs Litigation. On or before November 26, 2018, Martin, Indian River, the Indian River ESD, and CARE shall file in the United States District Court for the District of Columbia Case No. 1:18-cv- 00333-CRC a Joint Stipulation of Dismissal With Prejudice in the form attached as Exhibit M, with each party to bear its own attorneys' fees and costs. 11. Commitments of Martin, Indian River, the Indian River ESD, and CARE Regarding the Brightline Project. (a) Martin, Indian River, the Indian River ESD, and CARE each hereby agrees that it will not oppose or challenge, or encourage others to oppose or challenge, any pending or future federal, state, or local approval, permit, or authorization relating to the Brightline Project, or the financing of the Brightline Project, or seek any further state, federal or local environmental or other governmental review with respect to the improvements that Brightline is committing to make in this Agreement, during the period of construction and the first five (5) years of Brightline passenger revenue operations between West Palm Beach and Orlando, including but not be limited to any approval, permit, or authorization issued by USDOT, the FRA, the U.S. Army Corps of Engineers, the USCG, the Florida Department of Transportation, the St. Johns River Water Management District, and the South Florida Water Management District, as well as the FEIS issued for the Brightline Project and any other NEPA, NHPA, or related project review/consultation documents. -12-